BILL NUMBER: SB 588 AMENDED
BILL TEXT
AMENDED IN SENATE APRIL 5, 1999
INTRODUCED BY Senator Rainey
FEBRUARY 23, 1999
An act to amend Section 11350.1 of, and to repeal and add
Section 11350 of Sections 11350 and 11350.1 of, and
to add Section 11477.03 to, the Welfare and Institutions Code,
relating to support.
LEGISLATIVE COUNSEL'S DIGEST
SB 588, as amended, Rainey. Support obligations to CalWORKs
recipients.
Existing law provides for the California Work Opportunity and
Responsibility to Kids (CalWORKs) program, under which each county
provides cash assistance and other benefits to qualified low-income
families.
Existing law requires that in any case of separation or desertion
of a parent or parents from a child or children that results in the
granting of CalWORKs benefits, the noncustodial parent or parents
shall be obligated to the county for an amount equal to the amount
specified in an order for the support and maintenance of the family
issued by a court of competent jurisdiction or, in
. In the absence of an order, the noncustodial
parent or parents would be liable for the amount of support
that would have been specified in such an order .
This bill would repeal this requirement. , provided
that any such amount in excess of the aid paid to the family under
the CalWORKs program shall not be retained by the county, but
disbursed to the family.
This bill would further provide that liability of a noncustodial
parent or parents under this provision would commence only upon the
filing of the complaint or other pleading initiating the support
action.
Existing law requires that, as a condition of CalWORKs
eligibility, the applicant assign to the county any rights to support
which he or she may have from another person, either in his or her
own behalf or in In behalf of any other family member.
This bill would permit the district attorney and a support
obligor, in any action in which support has been assigned to the
county by an a CalWORKs recipient, to
stipulate to an order that suspends the accrual of interest, subject
to the meeting of specified conditions.
Existing law provides that, in any action brought by the district
attorney for the support of a minor child or children receiving
CalWORKs benefits, the action may be prosecuted in the name of the
county on behalf of the child, children, or a parent of the child or
children. Under existing law, judgment in an action brought pursuant
to these provisions may be rendered pursuant to a noticed motion.
This bill would further provide that a support order made pursuant
to the above provisions may be retroactive to the date of filing of
the complaint or other initial pleading.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 11350 of the Welfare and Institutions Code is
repealed.
SEC. 2. Section 11350 is added to the Welfare and Institutions
Code, to read:
11350. (a) In any action where support has been assigned pursuant
to Section 11477, the district attorney and the obligor may
stipulate to an order that suspends the accrual of interest, subject
to all of the following conditions:
(1) The obligor shall be required to make immediate payment of all
outstanding, unassigned child support arrearages.
(2) The obligor shall be required to make specified monthly
payments toward assigned child support arrearages, with each monthly
payment to be not less than 2 percent of all assigned support owed by
the obligor at the time the agreement is made.
(3) The obligor shall be required to meet all current child
support payment obligations.
(b) If an obligor who is a party to an agreement entered into
pursuant to subdivision (a) fails to meet any of the conditions
required by that agreement, interest shall begin to accrue on any
outstanding support obligations.
SEC. 3.
SECTION 1. Section 11350 of the Welfare and Institutions Code is
amended to read:
11350. (a) In any case of separation or desertion of a parent or
parents from a child or children which results in aid under this
chapter being granted to that family, the noncustodial parent or
parents shall be obligated to the county for an amount equal to the
following:
(1) The amount specified in an order for the support and
maintenance of such family issued by a court of competent
jurisdiction; or in the absence of such court order, the amount
specified in paragraph (2).
(2) The amount of support which would have been specified in an
order for the support and maintenance of the family during the period
of separation or desertion provided that any such amount in excess
of the aid paid to the family shall not be retained by the county,
but disbursed to the family and further provided, however, that
the liability of a noncustodial parent or parents under this
paragraph shall commence only upon the filing of the complaint or
other pleading initiating the action .
(3) The obligation shall be reduced by any amount actually paid by
such parent directly to the custodian of the child or to the
district attorney of the county in which the child is receiving aid
during the period of separation or desertion for the support and
maintenance of the family.
(b) The district attorney shall take appropriate action pursuant
to this section as provided in subdivision (l) of Section 11475.1.
The district attorney may establish liability for child support as
provided in subdivision (a) when public assistance was provided by
another county or by other counties.
(c) The amount of the obligation established under paragraph (2)
of subdivision (a) shall be determined by using the appropriate child
support guidelines currently in effect. If one parent
remains as a custodial parent, the guideline support shall be
computed in the normal manner. If neither parent remains as a
custodial parent, the support shall be computed by combining the
noncustodial parents' incomes and placing the figure obtained in the
column for noncustodial parent. A zero shall be placed in the column
for the custodial parent and the amount of guideline support
resulting shall be proportionately shared between the parents as
directed by the court. The parents shall pay the amount of
support specified in the support order to the district attorney.
SEC. 2. Section 11350.1 of the Welfare and Institutions Code
is amended to read:
11350.1. (a) Notwithstanding any other statute, in any action
brought by the district attorney for the support of a minor child or
children, the action may be prosecuted in the name of the county on
behalf of the child, children, or a parent of the child or children.
The parent who has requested or is receiving support enforcement
services of the district attorney shall not be a necessary party to
the action but may be subpoenaed as a witness. Except as provided in
subdivision (e), in an action under this section there shall be no
joinder of actions, or coordination of actions, or cross-complaints,
and the issues shall be limited strictly to the question of
parentage, if applicable, and child support, including an order for
medical support. A final determination of parentage may be made in
any action under this section as an incident to obtaining an order
for support. An action for support or parentage pursuant to this
section shall not be delayed or stayed because of the pendency of any
other action between the parties.
(b) Judgment in an action brought pursuant to this section, and in
an action brought pursuant to Section 11350, if at issue, may be
rendered pursuant to a noticed motion, that shall inform the
defendant that in order to exercise his or her right to trial, he or
she must appear at the hearing on the motion. An order for support
made pursuant to this section may be retroactive to the date of
filing of the complaint or other initial pleading.
If the defendant appears at the hearing on the motion, the court
shall inquire of the defendant if he or she desires to subpoena
evidence and witnesses, if parentage is at issue and genetic tests
have not already been conducted whether he or she desires genetic
tests, and if he or she desires a trial. If the defendant's answer
is in the affirmative, a continuance shall be granted to allow the
defendant to exercise those rights. A continuance shall not postpone
the hearing to more than 90 days from the date of service of the
motion. If a continuance is granted, the court may make an order for
temporary support without prejudice to the right of the court to
make an order for temporary support as otherwise allowed by law.
(c) In any action to enforce a spousal support order the action
may be pled in the name of the county in the same manner as an action
to establish a child support obligation. The same restrictions on
joinder of actions, coordination of actions, cross-complaints, and
delay because of the pendency of any other action as relates to
actions to establish a child support obligation shall also apply to
actions to enforce a spousal support order.
(d) Nothing contained in this section shall be construed to
prevent the parties from bringing an independent action under the
Family Code and litigating the issues of support, custody,
visitation, or protective orders. In that event, any support,
custody, visitation, or protective order issued by the court in an
action pursuant to this section shall be filed in the action
commenced under the Family Code and shall continue in effect until
modified by a subsequent order of the court. To the extent that the
orders conflict, the court order last issued shall supersede all
other orders and be binding upon all parties in that action.
(e) (1) After a support order, including a temporary support order
and an order for medical support only, has been entered in an action
brought pursuant to this section, the parent who has requested or is
receiving support enforcement services of the district attorney
shall become a party to the action brought pursuant to this section,
only in the manner and to the extent provided by this section, and
only for the purposes allowed by this section.
(2) Notice of the parent's status as a party shall be given to the
parent by the district attorney in conjunction with the notice
required by subdivision (e) of Section 11478.2. The complaint shall
contain this notice. Service of the complaint on the parent in
compliance with Section 1013 of the Code of Civil Procedure, or as
otherwise provided by law, shall constitute compliance with this
section. In all actions commenced under the procedures and forms in
effect on or before December 31, 1996, the parent who has requested
or is receiving support enforcement services of the district attorney
shall not become a party to the action until he or she is joined as
a party pursuant to an ex parte application or noticed motion for
joinder filed by the district attorney or a noticed motion filed by
either parent. The district attorney shall serve a copy of any order
for joinder of a parent obtained by the district attorney's
application on both parents in compliance with Section 1013 of the
Code of Civil Procedure.
(3) The parent who has requested or is receiving support
enforcement services of the district attorney is a party to an action
brought under this section for issues relating to the support,
custody, and visitation of a child, and for restraining orders, and
for no other purpose. The district attorney shall not be required to
serve or receive service of papers, pleadings, or documents, or
participate in, or attend any hearing or proceeding relating to
issues of custody or visitation, except as otherwise required by law.
Orders concerning custody and visitation may be made in an action
pursuant to this subdivision only if orders concerning custody and
visitation have not been previously made by a court of competent
jurisdiction in this state or another state and the court has
jurisdiction and is the proper venue for custody and visitation
determinations. All issues regarding custody and visitation shall be
heard and resolved in the manner provided by the Family Code.
Except as otherwise provided by law, the district attorney shall
control support and parentage litigation brought pursuant to this
section, and the manner, method, and procedures used in establishing
parentage and in establishing and enforcing support obligations
unless and until the parent who requested or is receiving support
enforcement services has requested in writing that the district
attorney close his or her case and the case has been closed in
accordance with federal regulation.
(f) (1) A parent who has requested or is receiving support
enforcement services of the district attorney may take independent
action to modify a support order made pursuant to this section while
support enforcement services are being provided by the district
attorney. The parent shall serve the district attorney with notice
of any action filed to modify the support order and provide the
district attorney with a copy of the modified order within 15
calendar days after the date the order is issued.
(2) A parent who has requested or is receiving support enforcement
services of the district attorney may take independent action to
enforce a support order made pursuant to this section while support
enforcement services are being provided by the district attorney with
the written consent of the district attorney. At least 30 days
prior to filing an independent enforcement action, the parent shall
provide the district attorney with written notice of the parent's
intent to file an enforcement action that includes a description of
the type of enforcement action the parent intends to file. Within 30
days of receiving the notice, the district attorney shall either
provide written consent for the parent to proceed with the
independent enforcement action or notify the parent that the district
attorney objects to the parent filing the proposed independent
enforcement action. The district attorney may object only if the
district attorney is currently using an administrative or judicial
method to enforce the support obligation or if the proposed
independent enforcement action would interfere with an investigation
being conducted by the district attorney. If the district attorney
does not respond to the parent's written notice within 30 days, the
district attorney shall be deemed to have given consent.
(3) The court shall order that all payments of support shall be
made to the district attorney in any action filed under this section
by the parent who has requested, or is receiving, support enforcement
services of the district attorney unless support enforcement
services have been terminated by the district attorney by case
closure as provided by federal law. Any order obtained by a parent
prior to support enforcement services being terminated in which the
district attorney did not receive proper notice pursuant to this
section shall be voidable upon the motion of the district attorney.
(g) Any notice from the district attorney requesting a meeting
with the support obligor for any purpose authorized under this
section shall contain a statement advising the support obligor of his
or her right to have an attorney present at the meeting.
(h) For the purpose of this section, "a parent who is receiving
support enforcement services" includes a parent who has assigned his
or her rights to support pursuant to Section 11477.
(i) The Judicial Council shall develop forms to implement this
section. These forms shall be available no later than July 1, 1998.
SEC. 3. Section 11477.03 is added to the Welfare and Institutions
Code, to read:
11477.03. (a) In any action where support has been assigned
pursuant to Section 11477, the district attorney and the obligor may
stipulate to an order that suspends the accrual of interest, subject
to all of the following conditions:
(1) The obligor shall be required to make immediate payment of all
outstanding, unassigned child support arrearages.
(2) The obligor shall be required to make specified monthly
payments toward assigned child support arrearages, with each monthly
payment to be not less than 2 percent of all assigned support owed by
the obligor at the time the agreement is made.
(3) The obligor shall be required to meet all current child
support payment obligations.
(b) If an obligor who is a party to an agreement entered into
pursuant to subdivision (a) fails to meet any of the conditions
required by that agreement, interest shall begin to accrue on any
outstanding support obligations.